A Forum for Orthodox Jewish thought on Halacha, Hashkafa, and the social issues of our time.

Tuesday, December 27, 2016

And He Shall Rule Over You

Susan B. Anthony. Are her views compatible with Halacha?

We all had a good laugh when my Mechutan quoted this biblical
passage to his ‘wife to be’ on their wedding day during the Badeken – the veiling
of the bride. (Both had lost their first spouses to illness). He then went on
to give a beautiful interpretation of it - which is beyond the scope of this
post. I mention it in light of an article in Lehrhaus.

One of the most destructive forces in history is the
misuse of Eve’s curse to control women . V’Hu Yimshol Bach’ – ‘and he shall rule
over you’ God tells Eve as part of her punishment for violating His command not
eat fruit from the ‘tree of knowledge’. More than a few women over the course
of history were abused – both mentally and physically using this passage from
the Torah as an excuse.

Beyond that - until the advent of modern day feminism most wives
saw subservience to their husbands as a biblical obligation. Husbands were to
have complete decision making authority over their wives in all matters.

If this is indeed God’s mandate, how do we reconcile modern concepts of the equality of the sexes with it?

Rabbi Yosef Bronstein tackles this question in a thoughtful
Lehrhaus article. He first quotes the Rambam on this issue who seems to take this curse
literally and explains him to mean the following:

While on the interpersonal level marriage is defined by love
and mutual respect, the decision-making authority remains with the husband. The
wife is enjoined to act in accordance with her spouse’s will, even in instances
where she disagrees.

This is clearly in complete contradiction to how the modern
world sees marriage. In most cases husbands and wives discuss and debate an
issue and try to come to a consensus. If that isn’t possible – then in some
cases the husband prevails and in some cases the wife prevails. But according
to the Rambam the husband should always have the last word.

Is that normative Halacha? Do we ignore modern concepts of
equality between the sexes? It depends who you ask, it seems. Rabbi Bronstein
discusses three views.

On the right - Rabbi Avarham Erlanger’s approach is in
concert with the rejectionist approach to outside influences. While his book on the subject spends many pages on treating one’s wife with respect and taking her views into serious consideration - at the end of the day it is always the husband’s right to ‘rule
over his wife’. The decision is halachicly his to make and is binding on his
wife no matter how strongly she might object. He completely dismisses all outside
influences as irrelevant to Halacha - no matter how compelling those influences
might be to our modern sensibilities.

This approach helps explain why the right is so rejectionist
of outside influences. It doesn’t matter what makes sense to us. It matters
only what Halacha says which is not to be filtered through a contemporary lens.
While this is technically true, not everything said by the sages has the same
level of obligation. Nonetheless based on this approach one can understand why the right
so strongly vilifies feminism .

Rabbi Mordechai Willig has a different interpretation. After
a thorough analysis of the Rambam’s style of Halachic Psak he (and others) have
determined that the Rambam did not mean all of his rulings to be binding – phrasing
those differently than the ones that were binding. This is one instance of
that. It was merely a suggestion of
Chazal for a wife to be subservient to her husband. It is given in the form of
advice and not binding. Contemporary sages are free to change it based on the
circumstances of their own time.

In the era of equal rights for men and women the current
model of an equal partnership between husband and wife is therefore as valid in
our time as Chazal’s approach was theirs. This is a view that clearly departs from
that of the right. In this view there is no conflict with Halacha in taking
modern values into consideration when there is no clear directive not to do so. This
is the view taken by Rav Aharon Lichtenstein who said in an excerpt cited by
Rabbi Bronstein):

(Decisions) are subject to the discussion, predilection, and
decision of individual couples…

Thus, the familiar description of an isha keshera as
a wife who performs the will of her husband (retson ba’alah), in no way
precludes a husband’s declaring that his ratson is precisely a desire for
understanding and consensus.

There is a 3rd approach mentioned by Rabbi
Bronstein. That of Rabbi Yehoshua Shapira, Rosh Yeshiva of Yeshivat Ha-Hesder
Ramat Gan. He says that as we approach the final redemption we will merit the
removal of the curses mentioned in Bereishis. V’Hu Yimsol Bah will no longer
apply.

This approach is quite apt for the head of a Religious
Zionist Yeshiva. Religious Zionism teaches that with the return of Israel to
the Jewish people - we are experiencing the first flowering of our messianic
redemption. And thus we can once and for all eliminate Eve’s curse - the source
used by mankind that has historically treated women as second class citizens.
He bases this on the views of Rav Avraham Yitzchok Kook. Using Kabalah as his
guide Rav Kook says that a positive spiritual change taking place with the
advent of Zionism allows Halacha to deviate from ‘the values of earlier
generations’. This phenomenon, says Rabbi Shapira obviates the original curse of Eve.

As one might expect from a Centrist like me, I view the
middle approach of Rav Lichtenstein to be the most sensible. We can take positive
values from the culture in some cases and apply them to ourselves without fear
that one is contradicting Halacha – if there is a basis to see that the sages
did not intend a particular view on a given issue to be binding. The only question
to be resolved then is when to know what is and isn’t binding Halacha as
recorded by medieval commentators. Upon which normative Halacha is based. Only
those steeped in Torah can tell us when we are and are not permitted to do
that.

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About Me

My outlook on Judaism is based mostly on the teachings of my primary Rebbe, Rabbi Aaron Soloveichik from whom I received my rabbinic ordination. It is also based on a search for spiritual truth. Among the various sources that put me on the right path, two great philosophic works stand out: “Halakhic Man” and “Lonely Man of Faith” authored by the pre-eminent Jewish philosopher and theologian, Rabbi, Dr. Joseph B. Soloveitchik. Of great significance is Rabbi, Dr. Norman Lamm's conceptualization and models of Torah U’Mada and Dr. Eliezer Berkovits who introduced me to the world of philosophic thought. Among my early influences were two pioneers of American Elementary Torah Chinuch, Rabbis Shmuel Kaufman and Yaakov Levi. The Yeshivos I attended were Yeshivas Telshe for early high school and more significantly, the Hebrew Theological College where for a period of ten years, my Rebbeim included such great Rabbinic figures as Rabbis Mordechai Rogov, Shmaryahu Meltzer, Yaakov Perlow, Herzl Kaplan, and Selig Starr. I also attended Roosevelt University where I received my Bachelor's Degree - majoring in Psychology.